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Denial of Discharge in Chapter 7 Bankruptcy Cases

If you follow the procedures correctly and answer all of the court’s questions truthfully, your chances of discharging your eligible debts in a Chapter 7 bankruptcy filing are high. Depending on your overall financial situation, it might even be able to discharge your eligible debts without liquidating any of your assets. Filing for Chapter 7…

Six Assets You Could Lose if You File for Chapter 7 Bankruptcy

If you struggle with debt, filing for Chapter 7 bankruptcy may be an option. However, making the decision to declare bankruptcy can be challenging, considering that there are certain assets you could lose after filing. To help you make an informed decision, you need to understand which assets are protected and which assets you could…

Six Things to Expect After Filing Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy is not a decision that should be taken lightly. Filing for bankruptcy always requires careful consideration. Many people who want to get rid of their debts through bankruptcy do not know what to expect after the filing. Our Oakland Chapter 7 bankruptcy attorney at the Law Offices of Melanie Tavare can guide…

Which Assets Can I Keep if I File for Bankruptcy Under Chapter 7?

Nobody is ever truly prepared for financial difficulties. Often, filing for bankruptcy might be the right solution for you to get a fresh start. However, many people might think that filing for bankruptcy means losing everything they own. That is not true. Bankruptcy law provides debtors with legal exemptions that protect certain assets from being…

Federal Circuit Court Rules Some Student Loans Can be Discharged in Bankruptcy

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge…

Bankruptcy Court Finds “Critical Vendor” Label Provides No Insulation from Preference Claims

In what could likely end up an influential ruling, a Delaware court recently held that securing a “critical vendor” status in Chapter 11 commercial bankruptcy case ultimately offers no defense in situations where the vendor later faces legal action for the recovery of preferential payments that the debtor recoups shortly before bankruptcy. The Role of…

Should I File for Bankruptcy During the Pandemic or Wait?

The bankruptcy process is available to both consumers as well as businesses that cannot pay their debts and want to find a way to regain control of financial obligations. Consumer bankruptcy often takes one of two forms. Chapter 7 bankruptcy involves the liquidation of a person’s non-exempt assets into funds that are used to pay…

Can I File for Bankruptcy if I am Unemployed?

People who file for Chapter 7 bankruptcy must meet certain income qualifications. In most  cases, debtors who fail to meet income requirements do not qualify for Chapter 7. People with higher income levels often must pursue a repayment plan under Chapter 13 to take control of debt. People who are currently unemployed or who have…

Tips on Navigating Marriage and Bankruptcy 

Many people look at marriage as one of the momentous events in their life. If you or your fiancee is struggling with debt and debating whether to file bankruptcy, however, your situation can easily turn into a confusing one. You might even be wondering whether it is a good idea to file for bankruptcy or…

Exceptions to the Automatic Stay

An automatic stay is one of the critical parts of filing bankruptcy. The stay stops most collection efforts against a debtor as soon as that individual files for bankruptcy. These orders exist without the need for a court order. To give you a better idea of the role that the automatic stay plays in a…

"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."

Sandhya.

"I can't thank Melanie enough for helping me through a challenging process and doing so with incredible knowledge, professionalism and tenacity! She went to great lengths to keep me informed, she responded quickly to my questions, and communicated in terms that I could understand. I highly recommend getting in touch with Melanie should you have the need."

Carrie.

"Choosing to work with Atty. Melanie has been one of the best decisions I've ever made. She was a very patient professional to work with and attentive while providing valuable solutions to all of my concerns. If you are searching for of an Attorney who is knowledgeable, transparent, and diligent - well that's Atty. Melanie."

Marwin.

"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."

Ryan.